Eckert Seamans Cherin & Mellott, LLC

1717 Pennsylvania Avenue, N.W.

12th Floor

Washington, D.C. 20006

TEL: 202 659 6600

FAX: 202 659 6699

Evelyn D. Sahr

202 6595 6622

esahr@eckertseamans.com

July 28, 2015

VIA ELECTRONIC DOCKET 

AND HAND DELIVERY

Federal Aviation Administration

Office of the Chief Counsel RENEWAL OF EXEMPTION

800 Independence Avenue, SW IMMEDIATE ACTION REQUESTED

Washington, D.C. 20591

Attention: Rules Docket (AGC-10)-Exemption 8099-

 Regulatory Docket No. FAA-2003-15446

Dear Sir or Madam:

JetBlue Airways Corporation (JetBlue), a Part 121 air carrier, petitions the Administrator pursuant 

to Federal Aviation Regulation (FAR) § 11.631for a renewal of the referenced exemption from 

FAR § 121.434 that was first issued on July 22, 2003 ( Exemption). Renewal of the Exemption 

will allow JetBlue to continue to permit an appropriately qualified and FAA-authorized check 

airman to observe (and, when necessary, substitute for the observation by an FAA inspector) a 

qualifying pilot in command (PIC) who is completing initial training as specified in FAR 

§ 121.424. The fifth renewal of the Exemption expires, unless renewed, on July 31, 2015.

Sections of the FAR at Issue:

The applicable Federal Aviation Regulation concerning “Operating Experience, Operating Cycles, 

and Consolidation of Knowledge and Skills,” states:

In addition, if a qualifying pilot in command is completing initial or upgrade 

training specified in § 121.424, be observed in the performance of prescribed duties 

by an FAA inspector during at least one flight leg which includes a takeoff and a 

landing.

14 C.F.R. § 121.434(c)(1)(ii).

 

1 To the extent necessary, JetBlue respectfully requests a waiver of the 120-day advance filing requirement specified 

in 14 C.F.R. 11.63(d). 
Federal Aviation Administration

July 28, 2015

Page 2

Prior Exemptions:

Via letter dated July 22, 2003, the Acting Director of the Federal Aviation Administration’s Flight 

Standards Service granted JetBlue the Exemption so as to permit JetBlue to substitute a qualified 

and authorized check airman or aircrew program designee for an FAA inspector in order to observe 

a qualified PIC who is copiloting initial or upgrade training specified in § 121.424 during at least 

one flight leg that includes a takeoff and a landing. The Exemption has been renewed on five 

separate occasions, by letters dated May 4, 2005, April 9, 2007, July 30, 2009, April 12, 2011, and 

April 19, 2013. We have attached each of these renewals for your review as Exhibits 1-5, 

respectively.

Discussion:

Section 121.434(c)(1)(ii) was originally promulgated to certify the training a pilot received in a 

flight simulator. Since the rule’s inception, improvements in technology have provided the 

aviation industry with decades of experience in flight simulation. Domestic air carriers like 

JetBlue have successfully trained thousands of pilots using highly sophisticated flight simulation 

equipment which has, in turn made the current rule relatively obsolete.

Notwithstanding the above, the FAA has the authority to observe any pilot at any time, and 

frequently exercises this authority. These observations, however, are typically conducted on a 

schedule set by the FAA, without the burden of having to observe a particular pilot on specific 

flights necessitated by the airline’s training and service schedule. Renewal of this Exemption will 

remove this burden from FAA’s busy inspectors and allow the Administration to address higher 

priority safety concerns.

It negatively impacts a carrier’s operations when it must wait to qualify a PIC for line operations 

until the FAA can observe the qualifying PIC. By allowing a company check airman, who is 

highly qualified on the aircraft at issue, and approved by the FAA for that duty, to complete the 

observation, the FAA can ensure a greater level of scrutiny and thoroughness is provided for the 

qualifying PIC.

Public Interest:

Renewing the Exemption is in the public interest and would:

 Be wholly consistent with previous Exemptions granted in similar circumstances and the 

renewals already granted to JetBlue;

 Allow the FAA greater flexibility and better use of its inspector force by focusing on higher 

priority safety functions;
Federal Aviation Administration

July 28, 2015

Page 3

 Allow the use of qualified pilots immediately after completing operating experience;

 Allow significantly increased use of qualified pilots and improve JetBlue’s ability to 

provide dependable, on-time air service to the public;

 Reduce the unnecessary cost of wages and lost productivity for those qualified pilots 

awaiting FAA observation; and

 Allow the traveling public access to JetBlue’s new low cost service at a pace consistent 

with the delivery of its new A-320 and E-190 aircraft; allow full utilization of the aircraft 

fleet by insuring adequate qualified pilots; allow increased service to heretofore 

underserved markets.

Safety Will Not Be Impacted:

 The authorized check airman will be highly trained and experienced with the particular 

aircraft type and will be approved by the FAA;

 The check airman will only be used to fulfill 121.434(c)(1)(ii) when a qualified FAA 

inspector is not available; and

 The FAA maintains the authority to observe any pilot any time during line observations.

Request for Waiver of Publication in Federal Register:

For good cause shown, JetBlue respectfully requests the Administration take immediate action on 

this request and renew the Exemption for a period of two (2) years. The grant of this Exemption 

is consistent with prior exemptions and provides an equivalent level of safety. JetBlue, which 

operates out of New York’s John F. Kennedy International Airport, has an immediate and ongoing 

need for qualified pilots to operate the aircraft in its fleet with the frequency called for in its 

business plan, without encountering delays occasioned by the understandable unavailability of 

FAA personnel. Streamlined and efficient operations of this nature are essential to JetBlue’s

economic well-being and ability to serve the travelling public. 

In addition, pursuant to FAR 11.87 JetBlue requests that publication of this exemption request in 

the Federal Register be waived because the grant of this exemption would not set any new

precedent. The reason for and conditions proposed herein are identical to prior exemptions granted 

by the Administration, and similar petitions have been published in Federal Register with no 

comments received.
Federal Aviation Administration

July 28, 2015

Page 4

If publication is required, pursuant to FAR 11.81(f), a summary of this petition is set forth 

immediately below:

SUMMARY

JetBlue Airways Corporation Petition for an Exemption to FAR 121.434(c)(1)(ii).

“JetBlue Airways Corporation petitions for the renewal of an exemption from 

Section 121.434(c)(1)(ii) to permit JetBlue to substitute a qualified and authorized 

check airman or aircrew program designee for a FAA inspector to observe a 

qualified pilot in command who is completing initial or upgrade training specified 

in specified in FAR 121.424 during at least one flight leg that includes a takeoff 

and a landing.”

We appreciate your consideration of this request and respectfully request the Administrator act 

promptly in granting the subject renewal so as to not impact JetBlue’s operations. 

If you have any questions or require further information, please feel free to contact us.

Respectfully submitted,

Evelyn D. Sahr

Drew M. Derco

Eckert Seamans Cherin & Mellott, LLC

July 28, 2015 Counsel for JetBlue Airways Corporation

Enclosures

cc: Brandon Nelson

Robert Land